Our client, a Pakistani national, sought our assistance in extending his and his family's leave to remain under the Tier 1 Entrepreneur visa route. The Tier 1 Entrepreneur visa was officially closed to new applicants in July 2019; however, individuals already holding this visa were allowed to apply for an extension under the existing rules.

In February 2020, our client incorporated a business in the UK and had met the investment requirements for the extension of his Tier 1 Entrepreneur visa. However, the onset of the COVID-19 pandemic in early 2020 severely impacted the operations of the business. Due to stringent lockdown measures, the business premises remained closed for the majority of the year, placing significant strain on the financial stability of the company.

The client's ability to meet the Job Creation Requirement—one of the mandatory criteria for extending a Tier 1 Entrepreneur visa—was also hindered. This requirement mandated the creation of two full-time jobs that had existed for at least 12 months before the application for extension could be made. The pandemic's restrictions made it extraordinarily difficult to meet this criterion within the prescribed time frame.

Given the unusual circumstances caused by the COVID-19 pandemic, our immigration team crafted a thorough and compelling legal argument. We compiled a detailed representation to the Home Office, explaining how the pandemic's severe economic effects, coupled with the lockdown measures, had directly impacted the client's ability to meet the Job Creation Requirement. We also provided comprehensive supporting documentation that included:

In May 2023, after careful consideration of the representation and supporting documents, the Home Office granted our client and his family an extension of their leave to remain under the Tier 1 Entrepreneur visa route.

This case highlights the importance of providing clear, well-supported representations and documentation when clients face challenges due to unforeseen external factors, such as the global pandemic, that impact their ability to meet immigration requirements.

Through strategic legal representation, our team was able to successfully argue that the unprecedented situation of the COVID-19 pandemic warranted special consideration for our client. This case serves as an example of how immigration law practitioners can help clients overcome unexpected challenges and ensure that they receive fair treatment under the law, even in the face of difficult circumstances